How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Waleed Hassan Your Own Question

Waleed Hassan
Waleed Hassan, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 42
Experience:  I have extensive knowledge in Immigration, Nationality and Asylum law and have had conducted in lead cases.
85266915
Type Your Immigration Law Question Here...
Waleed Hassan is online now

Can my refuge status be revoked for using my home country

Customer Question

Can my refuge status be revoked for using my home country passport Or travelling back to my country after finishing the original 5 years and issued indefinite leave to remain
Submitted: 4 months ago.
Category: Immigration Law
Customer: replied 4 months ago.
With passport issued from my home country embassy in uk
Customer: replied 4 months ago.
Am planning to travel to my home country Uganda, just finished the 5years as a refuge. Been granted I definet leave to remain on 5 October 2016 and obtained new Uganda passport from the UG embassy in London. If I go back to Uganda although i have indefinite leave using the home passport will that trigger to revock my Status
Customer: replied 4 months ago.
Sorry meant 5 November
Customer: replied 4 months ago.
if it's ok travel without breaking the law. Explain to me immigration rule 339A(I)-(v), because when I looked on the home office page it states that law that can be used to revock your indefinite leave to remain. If you travel or use home passport
Expert:  Waleed Hassan replied 4 months ago.

Thank you for your query.

Yes the Home Office can revoke your indefinite leave to remain and the relevant law is set out below.

Section 76 gives the Secretary of State the power to revoke indefinite leave to enter or remain
in the United Kingdom where:
1) a person is liable to deportation, but cannot be deported for legal reasons;
2) leave was obtained by deception; or
3) a person, or someone of whom they are a dependant, ceases to be a refugee as a
result of the person’s own actions by:
a) voluntarily availing themselves of the protection of their country of
nationality;
b) voluntarily re-acquiring a lost nationality;
c) acquiring the nationality of a country other than the United Kingdom and
availing themselves of its protection; or
d) voluntarily establishing themselves in a country in respect of which they
were a refugee

You can find further information by reading this: Revocation of refugee status - Gov.uk

I believe that I have answered your question so please do not forget to rate my answer.

Customer: replied 4 months ago.
Sorry you didn't answer my question, it was. Can my refuge status be revoked for using my home country passport Or travelling back to my country after finishing the original 5 years and issued indefinite leave to remainplanning to travel to my home country Uganda, just finished the 5years as a refuge. Been granted an indefinite leave to remain on 5 September 2016 and obtained new Uganda passport from the UG embassy in London. If I go back to Uganda although i have indefinite leave using the home passport will that trigger to revock my Status?That was my question
Expert:  Waleed Hassan replied 4 months ago.

I believe I answer your question as I stated yes the home office can revoke your indefinite leave to remain. I have set out the law for.you as well. If you read Section 76 your ILR can be revoked for obtaining your national passport and returning to Ghana. Please this law:

acquiring the nationality of a country other than the United Kingdom and
availing themselves of its protection

Waleed Hassan, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 42
Experience: I have extensive knowledge in Immigration, Nationality and Asylum law and have had conducted in lead cases.
Waleed Hassan and other Immigration Law Specialists are ready to help you
Customer: replied 4 months ago.
Hi, thanks my response but still confussed because when i serched more, i found that section 76, but below i saw this- Section 4: Reasons for Not Revoking Indefinite Leave
4.1 Passage of Time
Length of time spent in the UK may constitute a reason for not revoking indefinite leave. It
would only be relevant to cases under section 76(2) and 76(3). For cases under section 76(1)
length of time spent in the UK will not constitute a bar to revocation of indefinite leave because
it, and any other Article 8 considerations, will have been taken into account in deciding
whether the person should be deported.
What is of more relevance is the length of time that has passed since the incident(s) which
is/are causing the review of a person’s continuing entitlement to indefinite leave.
For example, indefinite leave would not normally be revoked where the deception in question
or where the person’s travel to their home country occurred more than five years ago. Each
case must be considered on its merits. The longer the person has been in the UK or, more
crucially, the more time it has been since the incident, the less likely it will be appropriate to
revoke ILR. . please interpret this to me and how it can be applied in my case because i have had my refuge status more than 5 yeras.
Customer: replied 4 months ago.
Hi am to rate mr waleed but I have sent in same information I need to exponent to me because it like contradicts with the section 76 please refer to my post before this. Thanks u have been so helpful
Customer: replied 4 months ago.
Hope now u will attend to me after rating you services
Expert:  Waleed Hassan replied 4 months ago.

The guidance is very clear.

It says if you had travelled to your home country more than five years ago then ILR would not normally be revoked. It also states that each case will be considered on its merits.

As you are looking to go now, the passage of time does not really apply to your case. But as stated above, the Home Office will consider each case on its own merit.

Regards

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    894
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    894
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    111
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm